‘Acquit two up for Jayde murder’

STATE’S CASE BASED SOLELY ON CIRCUMSTANTIAL EVIDENCE, SAYS LAWYER Evidence did not place either in the vehicle allegedly used for kidnapping.

In a compelling argument, the defence lawyer representing two men accused of conspiring to kill Jayde Panayiotou yesterday ripped to shreds the state’s case and asked for his clients to be acquitted on all charges in the Port Elizabeth High Court.

Peter Daubermann who is representing Christopher Panayiotou’s co-accused, Sinethemba Nenembe and Zolani Sibeko, brought an application to have his clients acquitted on charges of conspiracy to commit murder, kidnapping, robbery with aggravating circumstances and murder.

If the court is of the opinion there is no evidence that the accused committed the offence referred to in the indictment, the court may return a verdict of not guilty.

Daubermann argued that there was not enough direct evidence to convict the two men, adding that the prosecution did not allege in the indictment that Nenembe and Sibeko had reached an agreement to have the school teacher killed.

“There is no reference there that they reached an agreement to kidnap the deceased, or to murder the deceased. In fact, there is no reference to an agreement at all. And even if it is accepted, there is no evidence of a conspiracy,

“The state’s case is that they drove around and looked for the deceased. On this alone the charges of conspiracy should be dismissed. The state’s case is not that he [Sibeko] was present during the kidnapping and murder,” said Daubermann.

He argued that the case against Nenembe and Sibeko was based solely on circumstantial evidence, and without the cellphone records the prosecution had no case.

Nenembe and Sibeko at no stage admitted to ownership of these cell numbers so the state had to prove the location of various cellphone towers, he argued.

A witness from MTN had conceded that he himself did not plot the towers and the job was passed on to radio engineers. “What this means is that the state has failed to prove the location of the towers, and if it has failed to prove the location, it has failed to make its case,” said Daubermann.

He further argued that evidence did not place either of the two men in the hired vehicle which was allegedly used to kidnap Jayde in April 2015.

State prosecutor Marius Stander opposed the application. The trial continues on today. – ANA